If a defective product injures you, you may be eligible to receive compensation in a product liability lawsuit. The first step is talking to a personal injury attorney in Douglasville about your case to see if your experience with the defective product meets the standards of a liability lawsuit. Here is a look at what you can expect if your personal injury lawyer files a case on your behalf.
Product Liability Law
There are no product liability laws at the federal level, but most states have laws that govern defective product claims. Typically, when a personal injury attorney makes a case against a company for defective products, he or she will argue that the company was negligent or that the warranty was breached. In some cases, product liability suits are founded on the notion of strict liability. Under strict liability, you can pursue damages from the person who sold or rented you the product that caused your injury, even if that party was not the manufacturer. Your attorney will determine which approach to take based on the nature of the incident and the laws in your state.
Product Defect Types
There are three types of defects that usually occur in a product liability case. One is a design defect, in which the design of the product before it was even manufactured was inherently flawed and unsafe. Manufacturing defects are problems that occurred during the manufacturing and assemble of the product. Marketing defects refer to mistakes made during the marketing of a product, such as insufficient instructions or inadequate labeling or safety warnings.
Responsible Parties for Liability Suits
Product liability claims can be made against anyone in the supply chain, from the manufacturer of the components of the product to the retail store that sold it. Under strict liability, consumers can hold retail stores wholly responsible for defective product injuries, as long as the product is one that the store sells on a regular basis. Your personal injury lawyer will determine which parties are the right targets for your lawsuit.
Kenneth R. Bernard Jr. serves as the Managing Partner of Sherrod & Bernard, P.C. A native of Douglas County, Kenneth earned both his undergraduate and law degrees from the University of Georgia. He then served his country as a Judge Advocate General in the U.S. Marine Corps, attaining the rank of Captain during Operation Desert Shield and Operation Desert Storm. After his service, Ken returned home and joined forces with John Sherrod to launch Sherrod & Bernard, P.C., a law firm with a mission of providing superior legal services with a neighborly touch. In addition to his practice, Ken has served on several boards and committees, including three terms as Chairman of the University System of Georgia Foundation, Inc.